What actioncan beneficiaries take against an executor who is not fulfilling their duties in a timely manner?
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What actioncan beneficiaries take against an executor who is not fulfilling their duties in a timely manner?
My father passed away 8 months ago and left 1 of 3 sons as the executor of his Will. My father did specify to his insurance and annuity companies that each of us receive 1/3 of the total amounts. Settlement of the insurance monies have been completed. However, my father left 1 of his sons as the executor of the Will to manage the money in the savings account and checking account, as well as preparing the house (paid for) to be sold. He has prolonged this settlement of the savings accounts and sale of the house for 7 months. What action can the other 2 brothers take?
Asked on February 22, 2012 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. While it may seem to you that 8 months is a long time, in reality it may not be given the size of your Father's estate. Tax returns for an estate have to be filed within 9 months of death and the executor has to make sure that all claims and expenses are paid before distribution. If you feel that some thing is not right then you cn request that an accounting be done sooner rather than later. But it is not so easy being the executor and you may not want to burn that bridge with your brother quite yet. Good luck.
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